Daily eBriefs - July 25, 2023

Employment An employer’s failure to comply with the pre-election disclosure requirement renders an alternative workweek schedule election null and void only if the employer omits material information about the proposed AWS’s effects. Trial courts may not strike or dismiss a Private Attorneys General Act claim for lack of manageability. Woodworth v. Loma Linda University Medical Center - filed July 24, 2023, Fourth District, Div. Two Cite as 2023 S.O.S. 2653 Full text click here http://sos.metnews.com/sos.cgi?0723//E072704.

Region 6-Pittsburgh Secures Interim Settlement Agreement Requiring Starbucks to Reinstate Fired Workers and Cease and Desist from Further Firings at Two Pittsburgh Stores

July 20, 2023 On Thursday, July 13, 2023, the Regional Director of Region 6-Pittsburgh approved an interim settlement agreement with Starbucks providing interim remedies based on multiple unfair labor practice allegations. Among the remedies obtained in the settlement, Starbucks has agreed to take the following steps: Offer interim reinstatement to four fired employees, pending Board adjudication; Rescind employee work-availability requirements the company had implemented; Cease and desist from future firings of workers for engaging in protected union activity at two Pittsburgh stores; and Post a notice to employees about employee rights under the National Labor Relations Act at the two stores. This interim settlement was reached under a new initiative from the General Counsel announced last October, under which Regions seek to settle the Section 10(j) aspect of cases warranting interim relief when efforts to settle the administrative case are unsuccessful. Respondents are given the opportunity to voluntarily agree to an interim agreement that includes remedies, such as reinstating alleged discriminatees or agreeing to bargain, pending final resolution of the administrative case by the Board. If Starbucks violates this settlement, the Regional Director will resume consideration of seeking Section 10(j) injunctive relief in district court. “It is unlawful for employers to retaliate against employees for exercising their right to form a union,” said Region 6 Regional Director Nancy Wilson. “I am very pleased with the interim settlement, which will provide much needed immediate relief to workers at these stores, and I greatly appreciate the hard work of all of the Region 6 staff who assisted in achieving it.” “Because of this settlement, Starbucks will now offer reinstatement to four fired employees, which is a crucial step in ensuring these workers can freely exercise their right to join together to improve their working conditions and organize a union,” said NLRB General Counsel Jennifer Abruzzo. “Starbucks should take note that the NLRB will continue to vigorously protect workers’ rights to organize and collectively bargain through representatives of their free choosing.”

Region 1-Boston Wins Administrative Law Judge Decision finding Dollar General Unlawfully Fired a Worker, Surveilled and Interrogated Employees, Solicited Grievances and Granted Benefits, and Threatened a Store Closure

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. Region 1-Boston Wins Administrative Law Judge Decision finding Dollar General Unlawfully Fired a Worker, Surveilled and Interrogated Employees, Solicited Grievances and Granted Benefits, and Threatened a Store Closure 07/20/2023 09:46 AM EDT July 20, 2023 On Monday, July 17, 2023, NLRB Administrative Law Judge Arthur Amchan held that Dolgen Corporation, LLC, d/b/a Dollar General (Dollar General) violated the National Labor Relations Act by firing a pro-union worker, illegally surveilling and interrogating employees, and threatening to close a store where a petition for union representation had recently been filed. The dispute began in September 2021 when United Food and Commercial Workers Local 371 filed a petition to represent the employees at Dollar General’s Barkhamsted, Connecticut store. The next day, two representatives from corporate headquarters’ “Rapid Response Team” arrived at the store, followed days later by a third. The corporate officials maintained a daily presence at the store for the entire period leading up to a scheduled election, over four weeks later — an unprecedented amount of time. During that month, these corporate officials surveilled employees’ union activity, solicited grievances and granted benefits, kept a running assessment of who they believed was likely to vote in favor of the union, impliedly threatened that if the Union was voted in the store would be closed, and two weeks before the election, fired the worker they believed was the lead supporter of the union. Region 1-Boston issued a complaint alleging the employer’s conduct violated the National Labor Relations Act based on interference with protected activity and by illegally firing a worker for engaging in protected activity. After reviewing testimony and evidence presented in a hearing, Judge Amchan agreed. Judge Amchan wrote in his decision that the evidence, “established a corporate-wide determination to interfere, coerce, and restrain Dollar General employees in the exercise of their Section 7 rights — of which its activities at Barkhamstead were only a part.” “The unfair labor practices herein involve individuals at the highest levels of Dolgen management. They were also committed pursuant to a corporate policy as to how to deal with organizing efforts by Dollar General employees. They also constitute blatant hallmark unfair labor practices,” said Judge Amchan. Judge Amchan ordered Dollar General to reinstate the fired worker, including compensating for all direct or foreseeable pecuniary harms and backpay, and distribute a nationwide electronic and physical notice posting of employees’ rights at all Dollar General facilities that were canvassed in connection with the representation petition at Barkhamsted. Further, due to Dollar General’s numerous and blatant unlawful actions, Judge Amchan also issued a broad cease and desist order requiring Dollar General to stop discharging or otherwise discriminating against employees for engaging in union or other protected concerted activity and from, in any manner, interfering with, restraining or coercing employees in the exercise of their Section 7 rights. “Workers have the right to advocate collectively for a more equitable workplace — and it is unlawful for employers to prohibit or retaliate against them for doing so” said NLRB Region 1 Regional Director Laura Sacks. Director Sacks added, “I’m proud of the staff of Region 1 for diligently pursuing this significant case and litigating for strong, meaningful remedies.”

NLRB Appoints Six New Administrative Law Judges

July 17, 2023 The National Labor Relations Board today announced the appointment of six new Administrative Law Judges (ALJs): Lisa Friedheim-Weis, Sarah Karpinen, Susannah Merritt, Renée McKinney, Gladys Rebekah Ramirez, and Michael Silverstein. The new judges were chosen after a rigorous vetting process that saw over 200 applicants. Judge Lisa Friedheim-Weis is currently a field attorney for Region 13-Chicago, where she has worked for the majority of the past 26 years, leaving briefly to work at a law firm before returning to the Board. Judge Friedheim-Weis received her bachelor's degree in Industrial and Labor Relations from Cornell University and her Juris Doctor degree from the University of Illinois, where she graduated cum laude. Judge Sarah Karpinen returns to the Board after most recently being an Associate General Counsel for the United Auto Workers in Detroit. Previously, she worked as a Trial Attorney in Region 7-Detroit for 13 years. In the interim, Judge Karpinen served as an Assistant U.S. Attorney in the Eastern District of Michigan and as an attorney in the U.S. Office of Special Counsel in its Midwest Field Office. Judge Karpinen received her bachelor's degree from Hampshire College, her master's degree in labor studies from the University of Massachusetts Amherst, and her Juris Doctor from Wayne State University Law School, where she was the editor-in-chief of the Wayne Law Review. Judge Susannah Merritt returns to the Board after spending the last eight years as an Administrative Law Judge for the Social Security Administration in Philadelphia. Previously she worked for the Board, first in its Office of Representation Appeals, and then as a Trial Attorney in Region 19-Seattle. Judge Merritt received her bachelor's degree from Vassar College, her master's degree from the University of Virginia, and her Juris Doctor degree from Georgetown University. Judge Renée McKinney is currently the Regional Attorney in Region 6-Pittsburgh. She has worked at the Board for the past 15 years, working in various Agency departments since she was first hired as an Honors Attorney in the Office of the General Counsel. She has also served as a Trial Attorney in Region 13-Chicago and Region 7-Detroit, and was promoted to Supervisory Attorney in Region 6 before her current appointment. Judge McKinney received her bachelor's and master's degrees from the University of Michigan and her Juris Doctor degree from Chicago-Kent College of Law. Judge Gladys Rebekah Ramirez returns to the Board after working in the private sector for five years, most recently as a senior labor and employment counsel for a Fortune 100 corporation in Chicago, and before that, practicing labor and employment law with an AM Law 100 law firm in Indianapolis. Previously, Judge Ramirez spent 17 years as trial counsel for the Board in Region 25-Indianapolis. Judge Ramirez received her bachelor’s degree magna cum laude from the University of Puerto Rico, her Juris Doctor degree from the University of Puerto Rico law school and her L.L.M. from Indiana University Maurer School of Law. Judge Michael Silverstein is currently a Field Attorney for Region 22-Newark. Judge Silverstein has worked for the Board for 20 years after starting as a Field Attorney in Region 7-Detroit and then transferring to Region 22-Newark where he has served for the past 14 years. Judge Silverstein received his bachelor's degree from Cornell University and his Juris Doctor degree from Boston University. These hires will bring the total number of Agency ALJs to 36. As the Agency has experienced a significant increase in the number of unfair labor practice cases in the last year, it has seen a corresponding increase in the number of cases waiting for trial before an ALJ. The addition of new judges to the Division of Judges will help alleviate backlog and expedite consideration of unfair labor practice cases. “We are thrilled to welcome these much needed and highly qualified new judges to the Division of Judges,” said Board Chairman Lauren McFerran. “As unfair labor practice charges continue to increase, we are thankful for the ability to hire additional judges this year and are grateful for their service to the Agency and this country.” “Administrative Law Judges serve a crucial role at the Agency, and their importance has only been underscored as we see a sharp increase in cases going to hearing,” said Chief Administrative Law Judge Robert A. Giannasi. “We’re looking forward to having the new judges join the Division of Judges, as they have shown a dedication to effectuating the National Labor Relations Act and will continue to uphold the mission the Act in their new roles.”

Daily eBriefs - July 13, 2023

Employment Where a theme park operator and a city entered into an agreement providing the theme park operator would make up the shortfall if there was any year in which the city’s incremental tax revenues failed to meet its bond obligations, and the city agreed the theme park would be reimbursed for its shortfall payments in those years when the city’s incremental tax revenues rebounded and were sufficient to meet its bond obligations, the agreement gave the theme park operator the right to receive a rebate, which constituted a city subsidiary for purposes of the city’s living wage ordinance, requiring the theme park to pay its employees at the designated minimum wages. Grace v. Walt Disney - filed July 13, 2023, Fourth District, Div. Three Cite as 2023 S.O.S. 2481 Full text click here >http://sos.metnews.com/sos.cgi?0723//G061004

Daily eBriefs - July 11, 2023

Labor Law The plain language of Labor Code §2802(a) flatly requires the employer to reimburse an employee for all expenses that are a direct consequence of the discharge of [the employee’s] duties; under the statutory language, the obligation does not turn on whether the employer’s order was the proximate cause of the expenses; it turns on whether the expenses were actually due to performance of the employee’s duties. Thai v. International Business Machines - filed July 11, 2023, First District, Div. Five Cite as 2023 S.O.S. 2415 Full text click here >http://sos.metnews.com/sos.cgi?0723//A165390

NLRB Region-22 Wins Injunction Requiring HSA Cleaning to Rehire Two Unlawfully Fired Workers, Read and Post the Court’s Order, and Cease and Desist from Unlawful Activities

On July 6, 2023, U.S. District Judge Kevin McNulty of the District Court of New Jersey issued an injunction requiring HSA Cleaning, Inc. to reinstate two unlawfully fired workers, read and post the Court’s Order in English and Spanish, expunge the employees’ records, and cease and desist from unlawful activities. The injunction was issued based on a petition for temporary injunctive relief filed by Region 22 Regional Director Suzanne Sullivan in June 2023. Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek injunctions against employers and unions in federal district courts to stop unfair labor practices and ensure that employees' rights will be adequately protected from remedial failure due to the passage of time. The Region’s petition explained that HSA Cleaning illegally fired two workers after they spoke to their colleagues about their wages and working conditions, assisted in union organizing efforts with the Service Employees International Union Local 32BU, and engaged in protected concerted activities. In his decision, Judge McNulty stated that the Board has satisfied its burden of establishing that there is reasonable cause to believe that HSA engaged in unfair labor practices and that the Board has also put forward evidence of the chilling effect that these alleged actions appear to have had on other employees’ support for the union. Judge McNulty also noted that the Board’s application for an injunction was “made in the public interest to remove an employer-created impediment to organization.” “This injunction ordering HSA Cleaning to reinstate the two unlawfully fired workers in New Jersey is a crucial step in ensuring these workers can freely exercise their right to join together to improve their working conditions,” said NLRB General Counsel Jennifer Abruzzo. “HSA Cleaning, and other employers should take note that the NLRB will continue to vigorously protect workers’ rights to organize.” “I’m extremely proud of our Regional employees for their hard work on this case,” said Region 22-Newark Regional Director Suzanne Sullivan. “Region 22’s staff is dedicated to effectuating the National Labor Relations Act so that all workers can fully and freely exercise their Section 7 rights.”